Rhonda’s View Rendezvous: Justified or just murder?

On July 24, 1925, a verdict of justifiable homicide was returned by an inquest jury, stating that Andrew (Jack) Smith came to his death on July 16 as a result of a bullet wound inflicted by Jay Holland, a wealthy Arpin farmer, who shot in self-defense.

Three days after this verdict, Holland was arrested and charged with murder.

In an interesting move, District Attorney Marvin King explained how his investigation had proven the intention was murder but since a “defendant” cannot be placed on the stand to give testimony, by holding off on the arrest, they got Holland’s testimony on the record before charging him. A great deal hinged on the fact that Smith was known by Holland, and he could have simply been apprehended and dealt with by the law.

A petition was circulated in Arpin and Auburndale to seek his arrest, but King assured the people that it was not necessary, he planned an arrest anyway. The warrant charging murder did not come as a surprise to Holland and his family. They saw it coming.

Holland was arraigned before Justice Pomainville and bound over for trial in October. Bail was set at $5,000, which was quickly posted by friends.

Smith’s sister came from Baraboo to claim the body and speak with police offering what she knew, including the fact that Smith lived in a home owned by Holland.

They would call and exhaust 76 jurors before finally seating a jury. Judge Park named Attorney Hugh Goggins to assist the district attorney in prosecution. The Wisconsin Rapids Daily Tribune carried the details of the trial, with Holland and his sons all testifying again.

Holland took the stand and told how when Smith was working for him, Smith chased one of the Holland boys with a pitchfork and threw stones at another. At this time, Smith lived with the family, taking his meals in the home and sleeping with the boys. Holland also said he was afraid Smith might molest his 14-year-old daughter.

Neighbors refuted much of Holland’s testimony, one man stating the night of the earlier supposed “prowling” on the property by Smith, Smith actually was spending the night at his house, locked in because the family’s children sleepwalked. Another stated the oil barrel had set in the field that afternoon, having been put their by Holland himself. Other neighbors testified that Smith worked for them and if he was such a dangerous man, why did Holland never warn them?

Holland stated that when he confronted Smith the night of the shooting, Smith wrestled with him for the .12-gauge shotgun, and that as Smith drove away, all three sons were yelling “shoot, shoot,” and he saw Smith reach into his hip pocket as if to draw a gun while leaving.

The sheriff explained the light switch, carburetor adjustment and ignition switch were all under the dash, necessitating Smith to lean over. He also described the body sprawled in the car with blood trickling down the right rear running board.

Holland contradicted himself regarding his actions upon waking. At the inquest, he stated he went directly down to the car, and at the trial he stated he went into the garage and machine shop before heading to the road. Holland also did not remember any of the minute details he had given at the inquest.

King pointed out that Smith was not in possession of any stolen goods, those things still by the road. Defense attorney Brazeau called King a “moron” and told the jury that Smith was a dangerous man. Brazeau insisted that there was “no intent of murder” in Holland’s heart and that the killing was just an unfortunate accident.

During summation, both sides stated what they felt the proper judgment should be, but Judge Park gave the jury many more options.

The jury returned in a couple of hours with their verdict, fourth degree manslaughter. The judge gave the lightest penalty possible — one to two years in Waupun State Prison. The court did not even impose the $1,000 fine it could have.

Holland was given a few days to take care of business before being escorted to prison.

Many thought Holland got off easy in light of the fact the unarmed Smith could not have been much a threat to four other men. Knowing all the testimony, I would agree. Regardless, Holland served his time, and then returned home to his farm and family.

Rhonda Whetstone is a columnist for Daily Tribune Media, News-Herald Media and Stevens Point Journal Media. Rhonda’s Twitter ID is TribRendezvous, if you wish to follow her musings there. You also can get previews to upcoming columns by clicking “like” Rhonda’s View Rendezvous on Facebook. If you have story ideas of a historical nature, email her at Rhonda.Whetstone@gmail.com.